What are my chances of reducing a DUI to Dry Reckless? 14 Answers as of February 22, 2012

I was arrested on 10-8-11 by the CHP for a first-time DUI after being stopped for a headlight being out. The breath test results indicated a .088 and I was booked into jail and released the next morning without having to post bail. I am a 51 year old white male with no criminal record and a clean prior driving record. What are the chances my DUI could be reduced to a Dry Reckless?

It is possible to get your charge reduced to a Dry Reckless or similar charge (Exhibition of Speed). I would need to know more about your case. Based on the 3 digit readout, I am guessing the .088 was from a breath test on the field. Was there a 2nd result, and if so, what was that? Doesn't sound like there was any issues with your driving, which is good. What court is your matter in?

Depends on your county, but because you were technically above the limit, a variety of factors can influence this. Such as when you were driving, how long after drive time, the blood test was taken, if there were any other issues, etc. I don't see a reduction to a wet reckless being a problem, again depending on the county, but a dry may be shooting to high unless there are some issues with the evidence. Please remember though, that at this point, unless you have requested a DMV hearing, you're license will likely be suspended for failure to properly preserve your right to contest any DMV action within 10 days from the date of arrest. Today would be the last day to request a hearing. That hearing is completely separate from any action taken by the Court.

Unlikely. The prosecution will offer a wet reckless, I think, based upon the BAC (blood alcohol content) but because you were above the legal limit I'm afraid it's been my experience the D.A. will not go with a dry.

It is impossible to provide any estimate without knowing all the other facts of the case. Often a low BAC will lead to a wet reckless in order to induce a settlement. On the rare cases were a dry reckless has been offered there were other facts, such as possible constitutional issues, which provided concerns to the DA. Other questions which need to be address would be: Other than the headlight, how was the driving? Was a blood test done or was it a breath test? Where you tested in the field, the station, or both? How did the other field sobriety test go? Those and other factors need to be evaluated by your attorney.

By yourself, not likely. With a DUI specialist attorney you do have a chance, given you are so close to the legal limit. Contact a DUI specialist to evaluate your options. Certain facts that seem insignificant to the untrained eye may be deciding factors.

I have had .08 dropped to a Dry Reckless before, and I have had it reduced to a wet reckless before and even charged as a DUI. It really comes down to the courthouse, the Prosecutor and any possible holes in your case. A couple things you must first be aware of. Because your BAC was above .08 you need to file for a DMV hearing within 10 days of your arrest, that is TODAY and request a stay on your license suspension until the outcome of your DMV hearing has been determined.

If the amount on the test is 0.08 or lower most prosecutors can be bargain into lowering the DUI to a wet reckless. There is that chance of lowering the charge in your case. However, getting a 0.088 lowered to a dry reckless is much harder. When you hire an attorney he will need more facts. He needs to know the result of the field tests, the difference between the field test and the in custody test, what you had to eat and drink that day and what time you ate. Some of this will be on the police report of the arrest. There are lots of ways to show that the police are wrong in the assumption that you were DUI. It all depends on the facts in your case.

I would recommend getting an attorney. I would be willing to bet that the best you would be offered on your own is a wet reckless. Your case may be defensible and you need representation to best enforce your rights. The prosecution will not simply roll over once they decide to prosecute.

A lot depends on the totality of the investigation, including your symptoms, performance on the field sobriety tests and the facts. Your drinking pattern (time of first drink, last drink and driving time) will also matter. Is there a chance if a dry reckless? Yes. Is it guaranteed? No. Your best bet is with a local criminal defense attorney who routinely practices in the court where your case will be heard.

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